The right of reply in Germany (Gegendarstellung)

Who gives the reply and what it may say

The duty sits with the responsible editor and the publisher. In Bavaria they must print the Gegendarstellung of a person or authority directly affected by facts reported in a newspaper or magazine ¹. In Saxony the duty covers any periodical and extends to side editions in which the statement appeared ².

The reply answers facts, not opinions. The Bavarian text says it must name the disputed passages, be limited to factual statements and be signed by the sender. Where there is reasonable doubt about the signature, certification can be demanded ¹. Saxony requires written form and the signature of the affected person or a legal representative ².

Deadlines in three state laws

Bavaria sets no fixed request window in Article 10. It requires the reply to be printed without undue delay ¹. Saxony is stricter on the sender. The reply must reach the responsible editor or publisher without undue delay after the person learns of the report, and at the latest three months after publication ².

Saxony then fixes the issue. The reply goes in the next issue not yet closed for printing after receipt ². It must appear in the same part of the publication, in the same typeface, without insertions or omissions, and free of charge. It may not be run as a reader's letter against the person's wishes ².

Brandenburg uses the same three-month limit and next-issue rule. Its text bars additions as well as insertions and omissions, says the reply may not appear as a reader's letter, and makes printing free ³.

Online news services

Section 20 of the Medienstaatsvertrag covers telemedia with journalistic and editorial content, in particular services that reproduce periodical print content ⁴. The provider must add the Gegendarstellung to its offer without undue delay, at no cost to the affected person and with no extra access fee ⁴.

The reply must appear in the same format as the factual claim and stay linked to it for as long as the claim is online ⁴. If the claim is taken down, the reply stays at a comparable place for as long as the claim was offered. A response by the provider to the reply must be limited to facts and may not be directly linked to it ⁴.

• No duty where the person has no legitimate interest ⁴
• No duty where the reply is unreasonably longer than the claim ⁴
• No duty where the reply is not limited to facts or has criminal content ⁴
• No duty where the written, signed reply arrives later than six weeks after the last day online, or three months after first posting ⁴

Enforcement in court

A refused reply is enforced in the ordinary civil courts. Under section 20 the rules of the Code of Civil Procedure on interim injunctions apply, the person does not need to show the claim is at risk, and there is no main action ⁴. Saxony allows the interim injunction route and drops the need to show risk ².

In Saxony, a comment on the reply in the same issue that goes beyond facts is an administrative offence, with a fine of up to 50,000 euros ². Neither text requires a reply to faithful reports of public sessions of parliaments ^2,4.

How this fits with European rules

Article 28 of the Audiovisual Media Services Directive requires every member state to give a right of reply or equivalent remedy against television broadcasters for incorrect facts that damage legitimate interests ⁵. The reply must go out within a reasonable time and at a time and in a manner appropriate to the broadcast ⁵. The German rules above cover print and online news, and broadcasting is handled in separate laws not reviewed here.